2012 (12) TMI 1102 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance u/s 14A of the Income-tax Act.
2. Disallowance of interest on late payment of TDS.
3. Disallowance of depreciation.
4. Disallowance of foreign traveling expenses.
5. Disallowance of employer's contribution to Provident Fund.

Summary:

1. Disallowance u/s 14A of the Income-tax Act:
The assessee contested the disallowance of Rs. 8,32,808/- u/s 14A, arguing that no expenses were incurred for earning exempt income. The CIT(A) found that the interest paid to factories was directly related to the sugar business and should not be considered for proportionate disallowance. The CIT(A) also noted that the assessee had sufficient interest-free funds to meet its investments, citing the Reliance Utilities & Power Ltd. case. However, the CIT(A) upheld a disallowance of Rs. 8,32,808/- based on a reasonable estimate of administrative expenses related to earning exempt income. The Revenue's appeal against the deletion of Rs. 2,10,50,189/- was dismissed, and the assessee's appeal against the upheld disallowance was also dismissed.

2. Disallowance of interest on late payment of TDS:
The assessee's appeal against the disallowance of Rs. 526 towards interest on late payment of TDS was dismissed. The CIT(A) treated the interest as penal in nature, and the assessee did not make any submissions on this ground.

3. Disallowance of depreciation:
The AO disallowed the claim for depreciation of Rs. 29,45,898/- on the grounds that the conveyance deed for the leasehold office building was not executed. The CIT(A) allowed the depreciation, following the decision of his predecessor for AY 2005-06. The ITAT upheld the CIT(A)'s decision, citing the Supreme Court's ruling in Mysore Minerals vs. CIT, which allows depreciation on buildings used for business purposes even if the formal deed of title is not executed.

4. Disallowance of foreign traveling expenses:
The AO disallowed foreign travel expenses of Rs. 16,73,593/- for attending international conferences. The CIT(A) deleted the disallowance, stating that attending such conferences was important for the assessee's business. The ITAT upheld the CIT(A)'s decision, noting that similar disallowances in previous years were deleted and accepted by the department.

5. Disallowance of employer's contribution to Provident Fund:
The AO disallowed Rs. 16,87,274/- towards employer's contribution to the Provident Fund, considering it unrecognized. The CIT(A) allowed the claim, stating that the assessee's Provident Fund Trust was recognized u/s 2(38) of the Income-tax Act. The ITAT upheld the CIT(A)'s decision, following its previous rulings for AY 2003-04 and AY 2005-06.

Conclusion:
Both the appeals of the assessee and the Revenue were dismissed. The ITAT upheld the CIT(A)'s decisions on all issues, finding no reason to interfere with the findings.